ust have been
inflicted. Such was the only form in which grants could be distributed,
when the country was just occupied, and the science of mensuration and
accounts almost unknown.

To this, the case of the heir-at-law of Major Abbott is nearly a
solitary exception. Being about to retire from office, Major Abbott
applied for a reserve of 210 valuable acres at Launceston, and 3,000
acres elsewhere. On the recommendation of Sorell, then lieutenant-governor,
who stated minutely the land desired, Sir Thomas Brisbane ordered the
ground to be marked off as "crown reserves:" and Sorell, being just
superseded, wrote on the order with a pencil the name of Abbott. Several
persons at Launceston regretted the alienation of land useful to the
township, and petitioned accordingly. Their views were favored by Arthur,
and the claim of Abbott was supported by Sorell. Lord Bathurst ordered the
grants in question to be given. Arthur, however, again appealed, and the
decision in favour of Abbott was cancelled; but the 3,000 acres, reserved
in the same terms and at the same time, were confirmed. Major Abbott
through life maintained his right to the Launceston reserve, and devolved
its prosecution on his son; for twenty years he contested his right with
the agents of the crown. During the litigation its value has ranged from
L2,000 to L8,000.

On an appeal to the secretary of state, Lord John Russell referred the
claimant to trial by jury. He erected a house on the ground: this a
chain gang was employed to destroy. He brought his action for trespass,
which the law officers met by a demurrer. On his application for a deed
of grant, a caveat was entered by Major Wentworth. Two of the
commissioners decided in Abbott's favour, and the third, Dr. Turnbull,
against him. The usual course was to issue grants on the decision of the
major part: this the governor refused, and the case was once more
referred to the secretary of state. In 1849, Earl Grey declared that the
governor had exercised a sound discretion in refusing the advice of the
caveat board,[175] and thus finally negatived the claim.

The intention of Sorell in favour of Major Abbott is clear: the
provisional reserve of the land in his behalf is clear also. The views
of Sir Thomas Brisbane are not so indisputable; but they probably
changed on a remonstrance being offered by Arthur. The official answer
to Sorell's application was a description of the reserve solicited,
unaccompanied wit